Skip to main content

Full text of "Address of Clarence Darrow in the Trial of Arthur Person"

See other formats




Address of Clarence D 



arroTv 



IN THE TRIAL OF 

ARTHUR PERSON 



IN 

ROCKFORD, ILLINOIS 
April 24th, 1920 



DEFENCE COMMITTEE 

COMMUNIST LABOR PARTY 

OF ILLINOIS 



-j^U*'»M^'P<a>» JUtt/r^ 






Address of Clarence Darrow 

In the Trial of 

ARTHUR PERSON 

In Rockford, 111. 

April 24th, 1920 



Defense Committee 
Communist Labor Party of Illinois 



Arthur Person, a workingman in Rockford, 111., was in- 
dicted under the recent act of the Illinois Legislature making it 
a crime to aid or assist or join a society which advocated the 
change or overthrow of Government by violence, etc. The 
case turned on the question of whether the platform and pro- 
gram of the Communist Labor Party advocated the overthrow 
of Government by force and whether the defendant knew 
this at the time be became a member. The jury returned a 
verdict of not guilty. 



If the Court please, gentlemen of the jury, I trust all of 
you know by this time what this case is about, and what has 
been proven here, upon which you are asked to take away the 
liberty of this defendant. If you have solved that problem, 
you have done more than the State's Attorney has done, and 
certainly more than the Assistant State's- Attorney has done. 
I fancy, gentlemen, that twelve jurors here in Rockford will 
not take away Person's liberty unless they know just what 
they are doing, and why they are doing it. Not from anything 
outside, but from what you have before you, and this you will 
not do until you can lay your finger upon the exact thing that 
makes him guilty, for while it may not be a very serious mat- 
ter to you, it is- a serious matter to him, and possibly it is a 
serious matter to the State's Attorney. 

Before I "proceed with my argument in this case I want ' 
to call your attention to some things Brother Large has said. 
When I heard him I was quite certain that he, at least did not 
know why this defendant was on trial. It seemed to me to be 
a peculiarly trifling appeal to you gentlemen to stir up preju- 
dice in your minds. He was engaged in the common occupa- 



tion of seeing red. These men are guilty because the plat- 
form is printed on red -paper. Of course, it might not suit 
my friend's taste in color. I presume if he exercise his taste 
in colors, he would have the sun rise painted black, to im- 
prove on the works of the Lord, he would have our blood 
white, not red, I don't know whether this paper is red or not, 
I thought it was the sporting edition of the Chicago papers 
when I saw it. That is about the only sheet I read, because I 
know that part is true. It generally reports 4he baseball 
scores- accurately anyhow, whatever else it does with the 
news of the day. A red paper, gentlemen. Send him to jail 
because somebody printed a paper in red ! Well, I wouldn't 
object so much if he sent to jail everybody who printed pa- 
pers in red, or perhaps in any other color, but so far, the law 
has not made it an offense to print a newspaper in red. I 
don't know exactly what we are corning to, but we haven't 
reached that point yet. 

And then this card which the poor ordinary members of 
the Communist Labor Party, the working people, used to 
register their small dues from month to month. This is red, 
a red card. Well, we might have this painted, too, if it 
doesn't suit the State's Attorney. We might have it 'painted 
black, but I fancy that would not help us. It wouldn't make 
any difference what the color was. I noticed the red in the 
flag. I noticed the red surrounding all these stars (indicating 
Service Stars in the Court Room) that adorned the wall, and 
for which I fancy I have really more respect than the State's 
Attorney, because I am engaged in the difficult task of try- 
ing to preserve the Constitution instead of destroying it, and 
am seeking to save for the people of this country such liber- 
ties as they have left. I would like to see the flag stand for 
what it has stood, and I propose to do my part to have it stand 
for freedom. I don't object to red, and yet I can see some 
other color once in awhile. I don't object to it. The his- 
toric meaning of red, when applied to all progressive move- 
ments, is the color of the common blood which courses 
through the veins of all men alike, whether born here or born 
somewhere else. The trouble with the officers in this case, 
is that they would like to change the common blood until 
there would be no red blooded men in America ; no red blood- 
ed men who would dare stand up in America. That's the 
trouble with it. I don't object to the color of the sun rise, or 
the sunset. These colors are matters of taste. I insist, gentle- 
men, that every word that has been said upon that subject, is 
said to create some prejudice in the minds of you twelve men 
who are passing on the liberties of a fellow citizen, so that 
you may get beyond the meagre evidence in this case and 
convict on passion and prejudice arid ignorance and hate, 
nothing else. It isn't worthy of the function of the State's 
Attorney whose office should be to protect every citizen, even 

2 



. the humblest and see that nothing of prejudice, or feeling,. or 
hatred reaches the brains and the hearts of the twelve men 
who stand between every human being in America and the 
prison that might otherwise close upon him. 

And yet, gentlemen, half that the State's Attorney told 
you was in regard to a red card, a red newspaper, and a red 
color, which has no place in a* court of justice, where men 
are trying to find out in honesty, in sincerity, with patience 
and without prejudice whether a defendant has violated the 
law. I object to some other things. What is this- man on 
trial for anyhow? Can you tell? Can anybody tell from the 
argument of the Assistant State's Attorney? He has. taken 
this platform, harmless and innocent as it is, and picked out 
words here and there, and placed his own meaning on those 
words. Meanings that would make Webster turn over in his 
grave if he heard them. The Court I fancy will tell you 
that this platform is to be judged in its entirety, not by pick- 
ing out words here and there; and what are these words he 
picked out? I want to tell you right at the outset what some 
of them are and what is their meaning. Why, he says, it has 
the word ''revolution". And that a revolution means blood. 
Yes, it may or it may not. There isn't a dictionary that has 
ever been published that says any such thing. There have 
been all kinds of revolutions since the world began, some 
bloody and some bloodless. The word ''revolution'' is used 
in connection with everything, a religious revolution, a seri- 
ous change of religious thought, any important change 
whether with force or without force is revolution. We have 
our political revolutions, over and over again, It is a con- 
rrion statement used by common men, and used by all the 
statesmen in the world. A political revolution, an over- 
whelming defeat of one party and the success of another. 
Every man who has studied the A, B, C's of industrial ques- 
tions has read of industrial revolutions that came about by 
the inventions of machinery; that came about by the inven- 
tion of the cotton gin by Whitney, when it made cotton the 
king of the United States, that came about by the discovery 
of the power of steam and the building of railroads. It is a 
common phrase wihich every common man understands. 
There are intellectual revolutions, religious revolutions, poli- 
tical revolutions, industrial revolutions, forcible revolutions, 
all sorts of revolutions, and counsel for the People I am sure 
knows it, and yet, because that ward is found in the Mani- 
festo, which this man did not write, he would tell you to send 
him*to jail. All right, gentlemen, you will have to do it, if it 
is done. If you can afiFord to do it, I can, and I fancy he can. 
"Conquest'' is another one. When did conquest have a 
meaning of force and violence? It is a- common word. It is a 
common word used in reference to all sorts of things. "Con- 
quest," simply means pursuit and conquering: There are 



conquests of love, conquests of power, conquests of money, 
conquests of the Holy Grail, whatever that was. ^'Conquest,'' 
going after something, and yet, gentlemen, because somebody 
wrote "conquest" in the platform you are to send a man to 
the penitentiary. It might satisfy the conscience of the 
State's Attorney, but I fancy it will not satisfy the consciences 
of twelve men who are to decide the case from the facts. 
"Capture," ah. "Capture," he says you must send him to jail 
because the word "capture" is in this Manifesto. Well, gen- 
tlemen, I don't presume that you twelve men are the wisest 
men who ever sat on a jury; we lawyers are generally in the 
habit of telling twelve men that they are, but I fancy you are 
not. I fancy you are just the ordinary run of men in the City 
of Rockford. None of us are too wise, but I fancy there isn't 
a man on this jury who doesn't know that this word has been 
used in every sort of connection ever since the English lan- 
guage was formed. "Capture''. Did you ever hear of captur- 
ing primaries, capturing a convention, capturing a party, cap- 
turing anything and everything gentlemen. The only safe way 
' when you want to write something, is to call in the State's At- 
torney and call in these Government sleuths who have been 
turning America into a madhouse with spying, and who are 
living upon the honest labor of the people of the United States, 
call them in and ask them to write the platform, and God 
knows what it would mean after they got through with it. That 
isn't their line of business. There isn't a word, however good, 
however sacred, however well known, that they wouldn't dis- 
tort into some meaning that Webster never heard of, and that 
no other man ever heard of. "Capture," ah, yes, "capture." 
Well, if the working men can capture the Government, why 
not? I might have to go to work myself, but I am not going 
to stand in their way. Why not? There are more of them 
than of any other class, and if they can capture it, why 
shouldn't they? Are you going to send an obscure working 
man to jail because he wanted to? I wis^ there were more 
of them wanted to, even with the danger of having to go 
to work. ""Capture"? Capture a political organization or a 
primary, or anything else? It would be silly, gentlemen, if 
they weren't urging these things to take away the liberty of 
a citizen. It would be silly and trifling, and I can scarcely 
think but I am in a dream when I see that America, which 
has always been supposed to be free, and which I believe we 
can keep free in spite of State's Attorneys, is engaged in 
this sacreligious work. But I have some faith in that in- 
stitution which, after all, has done the most to safeguard 
human freedom of any institution the world has known, and 
that is a jury. He says the defendant should^go to jail be- 
cause the platform says "civilization has collapsed." Well, 
that is a simple statement of fact. It may be true and it may 
not, but I remember very well reading the book of the great 



banker, Vanderlip, when he came back from Europe and 
spoke of the collapse of civilization all over Europe. I know 
that in the financial circles, and amongst political econo- 
mists and men who think, men are pondering* today over the 
question of whether this terrible war which we have just 
passed through, and the unfortunate greed of men, will bring 
about a collapse of the civilization of the world. 

It may collapse and it may not, but let me say a word to 
these people who believe that the only way to save what they 
have is by the use of the hangman and the jailer. If we can 
save civilization, it is because we stand in their way. If we 
can save civilization it is because we bar their path against 
hanging and sending to jail every man who dares to lift his 
voice and protest against the manifold wrongs and outrages 
that are everywhere present in the civilization in which we 
live. 

If you want to get rid of every Socialist, of every Com- 
munist, of every trade unionist, of every agitator, there is one 
way to do it, and there is only one way to do it, and that is to 
cure the ills of society. You can't do it by building jails, you 
can't make jails big enough or penalties hard enough to cure 
discontent by strangling it to death. No revolution is" pos- 
sible, no great discontent is possible, unless down below it all 
is some underlying cause for this discontent; men are na- 
turally obedient, too almighty obedient. They are naturally 
lazy. The are willing to go along. They don't like to resist, 
and it takes the gravest discontent and the bitterest cause 
before this can come. "Collapse of civilization." Why, every- 
body is talking of it outside of the State's Attorney's office in 
Rockford. It may come. It may not come. I trust it will 
not. But let me say this, that those who are trying to send 
men to jail for their opinions are the ones who are hastening 
a collapse of civilization, and we must save them from them- 
selves-. 

"Dictate". Well, what about "dictate"? Everybody dic- 
tates to everybody else when they can. How many times 
have you been dictated to? How many times have you dic- 
tated to others? We are all alike. Yet, gentlemen, a man is 
to be taken from his little home and sent to prison because 
somebody wrote the word "dictate" in a platform. "Dictate"? 
And "overthrown" ! Ah, "overthrown." Now we have 
it. Did any of you ever see that word before? Outside of a 
red sheet, "overthrown." Well, that is about as harmless a 
word as you can find. It doesn't happen often enough, that 
is the only trouble with it. We overthrow one political party 
and another one 'conquers power. We overthrow one religion 
another takes its place. We overhtraw one set of scientific 
ideas and another set of scientific ideas come in. We over- 
throw one boss, and of course we get another one. That is, 
the way we are all made. "Overthrow." * Well now, what do 



you know about ^'overthrow'' ? Are we going to send a man 
to jail because a platform used the term "overthrow"? That 
4&, throw over. 

Well, gentlemen, my friend here lives in Rockford. He 
ought to know you better than I do. Perhaps he does, but I 
don't think he does^, gentlemen. You can not know anybody 
or anything when you are seeing red. When you take leave of 
your senses, through fear or through something else, then 
your judgment is gone and I don't believe you can pick up 
twelve men anywhere on the face of the earth who would pay 
any attention to anything that has' been proven in this case, 
especially these things that the State's Attorney has dwelt on, 
and the only things that he has dwelt on in this case. 

''Mass action." Ah, now we have it, ''mass action." Well 
now, gentlemen, what is "mass action?" Well we know 
what action is (it is a wonder he didn't make two words out of 
that and say that action is enough, or "mass" is enough). Just 
as well have two afone. "Mass action?" Why, it means the 
people acting together, that's all. "Mass action," that is what 
every politician is trying to do. That is why General Wood 
is cavorting up and down the land, — to get the people in "mass 
action" for him, for President. It is what our wonderful At- 
torney General, — who has done all in his power to subvert the 
Constitution of the United States, — is doing, when he thinks 
he is running for President, trying to get "mass action," and 
finding the "mass action" all on the other side. And that is 
what everybody does, to get the people together for a pur- 
pose, and that is all they do; and that is all the word ever 
meant, or ever could mean. "Mass action" as applied to this 
platform means that the workingmen shall come together, 
act together, for they can accomplish nothing in any other 
way. Don't you think the other fellows have "mass action?" 
Well, don'^t bet on it. Don't fool yourselves on that. They 
know what "mass action" means, and because they do a party 
is organized that asks the poor, common working people to 
unite in "mass action" to do what the rich have done for 
themselves, then the State's Attorney says, • "to jail with 
them," "to jail with them." 

Well, those are the words-, gentlemen, upon which the 
Assistant State's Attorney spent most of his time, and those 
are the things in this Manifesto upon which you are to act 
to deprive a citizen of his liberty and do your part to strike 
a deadly blow at the Constitution of the United States. Those 
are the words. What does the State's Attorney think oi a 
jury, and what does he think of a people that at the behest of 
a few, who perhaps are the most powerful in the Union would 
deprive a man of his freedom, because he does just what every 
other human being in the world is trying to do; tries to get 
enough of his fellow men to see things as he sees them, that 
he may change laws and institutions- so that workers will 

6 



have a better chance. Now, Person may be wild and crazy^ I 
don't know, I am not here to try another man's views, I am 
not here for that, and neither are you. It may be that there 
isn't a single plank in that platform that I believe, and there 
may not be a single article of faith in the Lutheran Creed 
that I believe, or in the Catholic Creed or any other creed ever 
made by man; but, gentlemen, unless I will stand for the 
right of every man on earth to accept his own religious faith, 
and his own political creed, and his own ideas, whether I be- 
lieve in them or not, unless I will do that, I am a very poor 
American, in the ancient meaning of the word. I would be a 
very poor citizen, and I would belong to that class of bigots 
who in almost every age have piled the faggots around their 
fellow men and burned them to cinders because of a differ- 
ence of faith. 

Gentlemen, if I had believed that one man on this jury 
would destroy their fellows because he disbelieved and dis- 
agreed with him in political or religious thought, he would 
not be sitting here today. I have not sought to get on this 
jury Socialists or Communists. Perhaps I couldn't have done 
it. I sought to bring to this jury men who were broad and 
free and liberal ; who were willing to examine facts for them- 
selves; who formed their own opinions and who believed 
those opinions, but who would stand just as firmly for my 
right to form my opinions as- they would for their own; and 
that is all I ask of you, gentlemen, nothing else. I don't care 
whether you are Socialists or Communists or Republicans or 
Democrats. I want you to be men ; men who are willing to 
live in this world and let others live. No two brains are alike, 
no two men have the same human emotions, no two men have 
the same surroundings. It is idle and silly and crude to seek 
to make every man's brain and ideas conform with the brains 
and ideas of some one else. . On many of these questions I 
have positive opinions, but if I had the power, I would not 
use that power to compel any human being to think as I think 
upon any question of religion or politics or life. That is be- 
tween you and your God. 

What else is said about this platform? Gentlemen, it is 
hard for me to be patient with this case. Either a consider- 
able mass of the world is crazy, or I am. Perhaps I am. It 
is hard for me to realize what people in America are doing 
today. It is hard for me to realize that men of power and 
some intellect, will seek to terrorize men and women 
into obedience to their opinions. Let me tell you another 
thing Mr. Large said. I don't mean to criticize Mr. Large, 
he did the best he could, and I really wondered how he could 
do so well, but he took up this red paper, red paper gentlemen, 
and he says: "Ah, this refers to the Third International." 
^'Gentlemen, do you know where it was made?" "it^as made 
in Moscow, and Moscow is a foreign city, and the idea that we 



should follow Mpscow or get anything from Moscow." Well, 
now, Brother Large, you could get a lot from Moscow that 
would make you a better and a bigger man, and what I say of 
you I say of n:iyself. We can get a lot from anywhere that 
would make us bigger and broader and better if we would 
only have sense enough to get it. Moscow is a foreign city, yes, 
it is. So is Stockholm, so is London, so is Dublin, — foreign 
cities, away with them. The idea of an American taking any- 
thing from foreign lands! Judea was a foreign town, a little 
(5ne, too, and a dirty one, way off in Asia Minor, among the 
heathens, a foreign town. 'The idea that an American citizen 
would get anything from a foreign city," and yet, gentlemen, 
all the Christians pretend to take their religion from Judea, — 
mind I don't say they take it, they just say they do. 

Gentlemen, let me say seriously, it isn't fair. Mr. Large 
knows better than that. His name indicates that he is bigger 
than that. Pretty much all we have in America we have taken 
from other countries. That is all that is worth while. That 
doesn't mean we are the poorest, but that we are the newest. 
Take away the contributions of Greece, and of Rome, and of 
Asia, and of Europe, and we would be very, very poor indeed, 
we wouldn't even have a State's Attorney. The wise man 
and the decent man gets information wherever he can get it, 
doesn't he? Suppose you take away from the mass of knowl- 
edge of the United States all the contributions which have 
been made by Sweden, (and I don't say that because there are 
some Swedish citizens on the jury, but because you might 
know better than Brother Large and myself what Sweden 
has given to the world), or take away the deep inspiration for 
human liberty that has been ever present in the soil of Ire- 
land? Well, I don't want to take it away anyhow. I wish 
there was more of it. Mr. Large might take it away, I would 
not. I would get more, I would keep all that is good and 
search the world to find out all that is good^ that others have, 
and with patience and tolerance and broad mindedness, I 
would, try to build up a civilization in America where every 
man should be free. 

Gentlemen, I say in all kindness to my friends on the 
other side, that all this talk is made to prejudice your minds 
so that you may get somebody into prison when there isn't a 
scrap of evidence to put hjm there. That's what it is for, 
nothing else. And it would be a shame and disgrace to this 
j.ury if by your verdict ihe should go. The shame and disgrace 
would rest with you twelve men who would do it. 

Now, let me say a word about Russia. Gentlemen, I am 
not afraid to express my opinions. They may be right and 
they may be wrong. The State's Attorney asked you if you 
were Bolshevist, or if you knew anything about Bolshevism 
I wonder if he does. I wonder if he knows what the word 
means? I wonder if he knows anything about it, except a few 

8 



cheap sensational newspaper stories? I wonder? I do not pre- 
tend to know much about it. Five or ten years from now 
when the clouds have lifted from that great land, and the 
world can see what has happened to that great people in the 
bitter throes of tihe war and the revolution, then perhaps we 
can judge; but let me say this, gentlemen, I, for one, am glad 
that the Czar was overthrown. I don't know what my friend 
thinks about it. I don't know whether he stands with the 
Czar or stands with the new regime, which with the most 
serious and sorest difficulties that ever came to any people is 
trying to work out the everlasting problem of self government 
for themselves. ^ I am against the old and I am for the new. 
It is trying the greatest experiment the world has ever tried, 
and I say "God speed them." I am sorry for the Russian 
Princess that the newspapers ihave exploited whose diamonds 
were lost, and whose lands were taken by" the people, and who 
is obliged to go to work, or else come to America to beg. I 
am sorry for her, but I cannot forget the manifold crimes of 
the past. I cannot forget the prison hells of Siberia, I cannot 
forget that long line of martyrs, who for hundreds of years- 
have marched almost bare footed across the snow& of Russia, 
and the snows of Siberia to live and die in a prison tomb. I 
cannot forget the dark reign of the Czars of Russia, and I 
cannot forget that they strangled freedom of thought and 
freedom of speech, and that amongst those victims, were the 
greatest and the best that ever adorned the Russian land. I 
cannot forget it, and I would be untrue to the humanity in 
which I believe, I would be untrue to a human hearf if I did 
not say that I am glad the past is gone forever and that a new 
light is breaking in the east. I don't care whether Russia loves 
red or blue or black. I am glad that the reign of the Czar is 
over, and I am willing to go further, and the State's Attorney 
can make the most of it — I would never let an American boy 
fight against the hope and the ifispiration of the new born 
Russia wihich has destroyed the last vestige of the tyranny 
that held Russia in her icy grasp for hundreds of years. 
Russia! Is there a man on this jury that doesn't wish her 
well? Is there a man on this jury that doesn't look hope- 
fully to what she may do in the future? I can't tell the throes 
that she is going through, I can't tell the deep sorrow of her 
people. I am sorry for them. I am sorry for every human 
being who ever lived to suffer in a weary world, but I know 
that nature in a mysterious way works out the good of the 
human race in what sometimes seems a pitiless way. I know 
that it comes through everlasting pain and suffering, through 
the bitter throes of men, and it is not for me with such vision 
as I have and such feeling as I have to stand in the way of 
the progress of the human race. And if a man tells me, evfft 
though I think I am abler and wiser than he, if he tells me 
that he has a vision of something better for men or better for 

9 



America, or better for the race, and , that he can see it 
clearly, I say, "May Good speed you in your vision/' There 
is too little faith in the world at that. There is too little hope 
in the World. There are too few men who would dare the 
condemnation of their fellow men. There are too few who 
will brave tihe scaffold and the dungeon. There is -too little 
faith that moves men onward to something higher and some- 
thing better in the world, than it has known. I am for them, 
even if I disbelieve in their creed. Way out in what to me is 
utter darkness, they may see a light that my poor eyes are too 
wpak to behold. 

Again, let me say, gentlemen, if you are going to convict 
Person, which you are not, what are you going to do it on? 
Are you going to convict him because my friend sees red? 
Are you going to convict him for these feeble, contemptible 
grabs at words that are tortured and twisted out of their 
ordinary meaning to get somebody into jail? I might be per- 
haps excused for the sake of saving my client into torturing 
and twisting a word, but to torture and to twist for the sake 
of putting a man in jail, oh well, all right, I will leave it to 
you. 

So far I have been referring to my friend's talk. Let us 
see what this case is. Here is Arthur Person. Sitting over 
here in this chair, waiting for you twelve men to say whether 
he is a criminal or not. And what is their case? Why. 
I am not at all ashamed of my client. I fancy he is just as 
good a man as any of you twelve. I fancy he is. I fancy he 
is as good a man as the State's Attorney. I haven't any 
doubt about it. Have you? He may not be as wise as the 
State's Attorney. The State's Attorney was studying law 
while he was beveling glass. That gives him an advantage on 
the intellectual side, because he is a lawyer. 

Here is a red charter. ^^ Of course, when Brother Large 
showed it to you, he turned it upside down, but he has been 
doing that ever since he began. I don't know whether it 
makes any difference whether it is upside down. He thinks 
there is too much red in it. Well, that is a matter of taste, 
too. Here is a man with overalls on (indicating a picture on 
charter of Commuist Labor Party). And we will all have to 
be wearing them pretty soon if we keep after the Communists 
and leave the profiteerers alone). Here is a man with a scythe 
and working clothes on. When mass action gives these men 
the power, Mr. Johnson, maybe you and I will ihave to wear 
overalls and he will be wearing broadcloth. But what of it, if 
he does? I don't know that I have any better right than some 
one else; This world at its best is a sad mix up where every- 
one is trying to get all he can. I don't know that love of 
humanity is a part of the make-up of the captains of industry. 
I don't know of any reason why I should object if the work- 
ing man tries to get more than he has. Of course, I can get 

10 



along all right as it is. I fancy if the Communist notiofi of 
property should come into vogue in A'meric^ here, and all the 
tools of production and distribution, the lands and the mines- 
and the factories were owned by people in common, I fancy I 
wouldn't get as much as I am getting now. I can play this 
game and live, but I wouldn't stand in the way of people who 
believe the other way, even though l cannot 'get as much. I 
believe that since the world began the men who do the work 
have had much less- than they should have, and I am glad to 
see an effort amongst the common people to get more and in 
trying to get it. I don't imagine they will all be wise. They 
haven't had a chance to be as wise as we lawyers are, and we 
disagree a whole lot. But I wouldn't want to take the hope 
and inspiration from them, because when you take that away 
a man is dead. I see^nothing objectionable to this documetlt, 
''Charter of the Communist Labor Party." Why shouldn't 
the Communist Labor Party have a charter? Why, the Odd 
Fellows have, the Masons, I fancy have, I know the Elks 
have, the Moose I think have; all the trade unions have, and 
I don't know why the Communist Labor Party shouldn't 
have, and why a man should be sent to jail because he has. 
Brother Large says, "Imagine a Democrat having a charter." 
Well; he would deserve one if he was a Democrat here in 
Rockford anyhow, but why shouldn't he have one? I can see 
no reason why he shouldn't have it. But it is a crime here to 
have a charter. Am I overstating it? Wasn't this waved to 
you and argued as evidence against this defendant, that the 
Communist Labor Party had a charter, and chartered its vari- 
ous organizations throughout the United States? There 
isn't a labor union that doesn't have it. There isn't a fraternal 
organization that doesn't have it. Everybody has it that 
wants it, and again I say, these sleuths that are eating at the 
public cost while the rest of the people work, they ought to 
get together and say what we can have and what we cannot 
have. I wish some of those fellows were set to work, instead 
of making a bedlam of the United States. We might not 
have such heavy taxes to pay. They aren't intellectual men, 
nobobdy ever heard of a sleuth having intellect. Spying at 
meetings, listening to what you say, working themselves- in, 
it may be the Communist, it may be the Friends of Irish Free- 
dom, it may be this or that, it may be anything, but, oily, 
sinuous, and crooked, they come in and try to lead you to 
jail, to hold their job. 

Let us see what they did. Here is my client, Arthur Per- 
son, an itoffensive workingman. If any of. you ever were in. 
trouble, as you might be, while these sleuthe are eating at the 
public crib ; if any of you ever were in trouble, you would be 
very lucky, indeed, if you could ge't your neighbors and friends 
who had known you for twenty years, to say that you h^d 
been honest and square and peaceable and law abiding all 

11 



your life. You would feel better and you would appreciate 
it in the day of your tribulation if they would come in here 
and say that they had met you and slept under your roof, and 
known you for twenty years, and that they had never heard a 
man say a word against you. I don't know whether all of you 
jurors could do as well as Person or not. Maybe you could. 
Perhaps you could not. I fancy some of you have been so 
aggressive that you couldn't get that good a sjtanding. Here 
is a man against whom the breath of suspicion was never 
raised in his life. 

Gentlemen, it is almost a shame to be obliged to argue a 
case of this character. A man born in Sweden worked on a 
farm there until he was fifteen years old, had a little school- 
ing in Sweden, not enough to be a lawyer or a banker, but 
enough to work. He came to Rockford more than twenty 
years ago. His life, his time, his blood and his muscle has 
been worked up to build the fortunes that are in Rockford 
today. He spent a life time knitting stockings and bevelling 
glass. And now they want you to send him to the penitentiary. 

Gentlemen, if I thought that any jury would do it, 
I would say, "Well, all right, we had better get through with 
juries.'' It would be an infinitely deeper disg-race to this twelve 
men than it would be to him, and I would rather go with him 
to a cell at Joliet than to be free and have on my conscience 
that I had sent him there. Here is a man who never did any- 
thing in his life but^ork. Have all of these marvelous sleuths, 
who like buzzards are living on the American people, have all 
of them ever shown that he ever said one unkind thing? Is 
there one word in this record that he ever advocated force 
and violence from the beginning of his life until today when 
twelve men are to say whether he is innocent or guilty? Has 
he ever done an unkind thing or an illegal act, since he was 
born? He has worked, he has got for himself a little home, 
for which he is paying by the month, and a sick wife and three 
young children, and you are asked to take this working man, 
for nothing, gentlemen, for nothing, you are asked to take him 
away from his knitting machine and his home and send him to 
prison and are told that you mustn't think of the consequences. 
Oh, no. If you did, you couldn't- do it. Youmus'nt think of 
what may become of his home or his sick wife, or his three 
little children who would be turned out on the street. Until 
jurors have an operation and their heart is removed, and a 
stone put in its place, you can never get a State's Attorney 
with ability enough to send a man like him to prison, in 
America. And I say again, gentlemen, that the responsibility 
is on you, and if you do it, all right, gentlemen, that is* be- 
tween you and your Maker. 

Look ^t this picture. Something is wrong in Rockford. 
Somebody has given out the word that there is a dangerous 
pj^rson in Rockford, and four lusty men with Mr. Thompson 

12 



at their head, living on government alms, get into an automo- 
bile and go down to Person's h'ttle cottage. He is away knit- 
tmg. His wife is there, and their three little children are there, 
and they swoop down on them and get a brown book, and there 
IS considerable said about this- brown book,— why, my friend 
, doesn't even like brown (for God sake, I wish he would tell us 
what color he does like and we would try to please him the* 
next time). A brown book which only records that they voted 
$1.50 for a hall, or the expenses of a speaker, and they get a 
bill of $6.00 and haven't money enough to pay it, and they 
vote to wait until the next meeting, and that is all there is in 
the brown book or the white book or any other book; and they 
swoop down on this dangerous citizen of Rockford who has 
spent his hfe knitting and bevelling glass; they get a brown 
book and a White book, a red paper, a red card, and that is all 
i hey don t even get the Russian Communist Manifesto, what- 
ever that IS. And these four strong men, when the father of 
the children comes home, these four brave valiant great pro- 
tectors of America (God save the mark), they take him^ in 
their automobile, probably the first automobile ride he ever 
had, and cart him off to the county jail. And for what^ First 
they linger in the States Attorney's office, and here i^ Brother 
Johnson and Brother Large, and Pinker, or Piker, or what- 
ever it is, and Thompson and some more of them sitting- 
around, and they ask him to tell the story of his life and he 
does It. It is a short story and a simple one. The story of 
every working man's life is short and simple. Twenty years 
working in the factories in Rockford, five or six years work- 
ing on farms in Sweden, voting the Socialist ticket The onlv 
recreation he ever had, and they want you to take that away 
And he tells the plain simple.story as the plain uneducated 
man .would tell it, and they take him over to the jail. 

Well, now, gentlemen, that raid ought to go down in 
history. "The Charge of the Light Brigade" had nothing on 
the raid of Thompson and his bunch on Arthur Person's hottie. 
I remember when I was 4»hoy at school and used to read in a 
little book a poem that I don't know whether I can recite or 
not. It runs something like this: 

"Oh, were you ne'er a school boy, and did you ever train 
And feel that swelling of the heart you ne'er shall feel again 
Didst never meet far down the street* with fife and banner gay 
And hear the beating of the drum, calling far, far away 

We charged upon a flock of geese and put them all to flight 
Except one sturdy gander, who sought to show us fight. 
But, oh, we knew a thing or two^ our Captain wheeled the van 
We routed him, we scouted him nor lost a single man/' 

Now, our valiant captain in this wonderful raid was a 

13 



brave chap. Every last one of them, the four of them go away 
alive. I didn't hear of any bloodshed, but they went out and 
got this plotter in and he is here today. 

Gentlemen, I don't know what malign and deadly in- 
fluence can overhang a States Attorney's office that can bring 
i^in an indictment in a case like this. I cannot understand ho\v 
one who has taken an oath to be the protector of every man 
alike should hale this poor weak defenseless man into a covirt 
of justice and ask that he be sent to the penitentiary by a jury 
of his peers, but he is here. There is nothing against him ex- 
cept what I have told you, and that is nothing. Let me repeat, 
gentlemen, if I ever get through talking and my friend has 
got to talk, too, if it ever comes across your mind, in the jury 
room, that you are going to accommdate the State's Attorney 
and others who are interested in this case, (which it wont), 
but if it should, I hope you will sit down in silence and ask 
yo'urselves the question, ''What is Person here for anyhow?" 
In this case is there a single line of evidence- against Arthur 
Person? Where is there a single line of evidence in this plat- 
form, (which he did not make) which he scarcely read, which 
he could not understand, if he did read it ; and which I fancy 
the State's Attorney cannot understand either, or he wouldn't 
have brought him here. Where is there a single line in any 
of it that should warrant the taking of this man away from 
his home and even trying him? And what has he done? 

Now let us see, how did he get into the Communist Labor 
Party anyhow? Why, Mi*. Large says nobody would join a 
political party unless he understands its principles. Well, I 
don't know what party Mr. Large belongs to. Of cotft*se, if 
he belonged to mine, the Democratic party, I don't know how 
he could understand its principles, just now. And if he be- 
longs to the Republican party, I am not certain whether it 
ever had any so you can take your choice. He wouldn't be- 
long to a political party unless he understood its principles. 
Well, gentlemen, I fancy you people belong more or less to 
political parties. I wonder if you tuaderstand their principles 
entirely? Or know whether they have any? Or understand 
their platform or always read them or understand them when 
you do read them? Why I have made political speeches in my 
day, entirely good as political speeches run, and tried to get 
people to vote some fool_ ticket or another, and I don't know 
but what I got them once in a while. We don't know how the 
brain will act; we never know. Well, do yoU suppose, if I 
convinced somebody that he ought to go in with me and vote 
the Democratic ticket and save the country that he really un- 
derstood the principles of the Democratic Party? Oh, no. He 
just thought he would come in. That is all, isn't it? Suppose 
you come down here when General Wood comes along or 
some other spellbinder, or Brother Johnson comes in and makes 
you a speech about the glorious achievements of the Republi- 

14 



can Party on land and sea and how we must all stand together 
which you probably will. Do you think you know the prin- 
ciples of the Republican Party, assuming that they have them ? 
Or do you just get a notion you will go along with Brother 
Johnson or with Brother Wood or with me ? That is the wiy 
political parties are made up and every one of you gentlemen 
know it. How many men can you call out to a political party 
gathering and ask them to define the principles of the party? 
I will tell you, if I could get tol^ether a body of men who could 
not understand the principles of a political party and have 
them vote my way and have on the other side all the fellows 
that could understand them, they wouldn't know they were 
running, would they? I would skin them before they ever 
started. I wonder if you gentlemen understand everything you 
believe? Well, I fancy you do not. It is trying to understand 
everything that raises the dickens with beliefs. Better not 
try so hard. Here are some of you who have, told me you 
were Lutherans. Now I am getting on an unfamiliar subject 
because I don't pretend to be a Lutheran, I am neither for it 
nor against it. I am perfectly willing that everybody else in 
the world should be Lutherans if they want to and I am per- 
fectly willing to have them convert me if they can, but I don't 
want them to send me to jail because I don't believe. Suppose 
I ask you if you can define all the Lutheran creed, what would 
you say? I think you would say "I can't." "Fll leave that 
to the preachers of religion, Til leave that definition to some- 
body that is wiser than I and, I'll take it on faith." Wouldn't 
you? Now be honest with me, wouldn't you? 

Here are some of you who are Catholics. I wouldn't like 
to put you under exatnmation as to the meaning of everything 
that the Catholics profess. You couldn't tell me. You couldn't 
explain it. You take it on faith. You leave it to somebody 
that you think is wiser than you are and you take it. Isn't 
that true? Here is a gentleman who is a Presbyterian, or was 
before he left the old country. I wonder if he can explain all 
the points of John Calvin over which intellectual men have 
been quarreling for over 200 years. In the meantime the com- 
mon people have been taking-it on faith. Is there any doubt 
about it? Why pretty nearly everything we believe is- be- 
lieved on faith. Most of our acts are done on faith. You know 
it, gentleman. You know it perfectly well. I will guarantee 
there isn't one of you— and all of you are equally intellectual 
with my client — there isn't one of you who can go into a room 
and study for a week and say you can explain the platform 
of the Communist Labor Party or the Socialist Platform 
either. You might do well if you could explain such a simple 
thing as the Democratic platform. 

Our religion and our politics and our everyday actions rest 
on faith. I wonder if one of your people, who are Lutherans 
or who are Catholics ever reached that faith by understand- 

15 



ing it? You know you did not; you were just born to it and 
that is all, or got converted somewhere. When I was a small 
boy I used to go to Revival Meetings, Methodists, and they 
w^ould set a stove in the center of the room and it would get 
very hot and the preacher would talk, and there was a crowd, 
and by and*by they would begin to sing and cry and get ex- 
cited and we would all get converted. We didn't understand 
the principles of John Wesley. We didn't understand it, we 
heard the noise, we felt the enthusiasm, we were moved by 
mass psychology. (I ought not to state that "mass" business, 
while the detective is in the room, he might have me arrested). 
Mass- psychology worked and we would go up to the mourner's 
bench. I don't need to tell you gentlemen, there isn't a man 
on this jury, there isn't one of you but knows there are lots 
of things in this world which you believe and which influence 
your daily life and perhaps influence you for all time, which 
" you take on faith. Somebody else whom you think is wiser 
or better than you are or who has a better means of knowing, 
tells you about it and that is all there is of it. 

Now, let us see how it applies in this case. Gentlemen, I 
don't expect a jury to be any different from the rest of us. 
Sometimes they are, but I never look for it. They are as wise 
and as foolish as the rest of us. They act from the same 
emotions and the same feelings as the rest of us-. They are 
moved like the rest of us and when you go into your jury room 
you will act as you have always acted. You will consider 
things as you have always considered th^m and view life as 
you have always viewed it. Here are twelve men who have 
been knocking around the world for some time and whethy 
you have intended to or not the world has knocked some ideas 
into you and some out of you and those ideas of life and ex- 
perience you take to the jury room with you — and I want you to 
take them. I want you to consider my client's mind the way 
you consider your own and then if you condemn him, alright. 
Consider him just as you consider yourselves. Consider the 
things he acted upon just as you act yourself. That is all. And 
then if you gentlemen say on your conscience and your intel- 
ligence that you think you want to take him out and put him 
away, alright, go to it. The State's Attorney will be glad and 
he may get some more votes this fall. I can't tell you anything 
about that. Take life as you know it and as you are your- 
selves and judge him by that. 

Now the facts in this case are entirely undisputed. How 
did Mr. Person join this party? Why? He joined it the same 
as anybody joins anything. Somebody asked him to. Now, 
mind you, gentlemen, there isn't a word of dispute on any of 
this. I put Mr. Person on the stand. You could see him, you 
could hear him, you could size him up as he is, just as he is, 
as strong as he is and weak as he is, as wise as he is- and as 
ignorant as he is, and no man can work 20 yearg. as a com- 

16 



years he had h..°" ^l^ ^''" ^ Socialist in Rockford for 

£f H "If ? ""'f'"-, J°»!,P« your" lve""'gr,o„-s X/ 

for I am Comine" far ZJ ^' ^''■•??^"'^ °'" "^^'^ the Fort 

known Dn^STson^nd^lTed^llm-^'^'^^JS '^•S 

him about the Socialist party Th^re w^V. ' n '^ T-*^- 

c.ans in it and they want^ed t'o organize a "Left w'n^ "'fll" 
Sociahst Party so thev could o-r^*t.ru- " ^'"^ °^ *he 

convention. ' The "St Wint'M« .1 '^^^^ "°"t''°' t^^^ 

out of power and thev want^f / "^^^^ ^'^^ ^""^wd that is 
tu^ ^""'cr rtna tney wanted to organize a "T fft AA/iti^" „ 
they could go up, there and become the "Rilht W.ll" ^^.u''° 
the others would be "left" wl i I ^'pt W ng and then 
was a split in the Conventio,^.nd ,t "^'"^ to Chicago; there 
munist Labor Partv" Tf,^ r ^^^^ organized the "Corn- 
thought, was too radical 7nr\- "^T"'- ^^''t^' ^'- Person 
Labor Party When he clme k^;^ n^'A°,*"'^ '^' Communist 
all about it Here was a dn.7.. .P''- °''°" told Mr. Person 
dant's sick wife Sh what's hf'^?' ^°*;t°""^ '^' ^efen- 
There are people in thrs\vorld u . ^J'" ^" '^"^^ ^^out it. 
most absolute trus? YouTnn ^ o^"^'" ^ P°^'tion of the 
trust in them & I can't "rak auf.eT '' ''"™ *° P"* '""'^^ 
because I had a better chaLfS'^th'isworirthr'' ''f^f^'"^ 
gentlemen of this jury but the nrdTn^^ than most of you 
ing to do but wofk learns to nut^ofiJ^ ""^^ ^^"^ ^^^ "oth- . 
tain men in certain professTonT ^^A "^"^'""l-^"^ ^'■"^t in cer- 
you don't do that you'rselverwhy al'^^X''f"-,f -^^^ '''~ If 
to yourselves. Here is your ikwyj; to whom l^"^" ^"'^ f PP"^' • 
troubles and your money and von ;.n Z ^°" P ^'th your 
his advice (perhaps hifa'd^ice isn't any L'ttTS?"^ '"^ ^^"^ 
but yop ask him and trust him You who Ir/ ?^" y°"'- ^^n 
go to the mini.-ter with vour troubles vn.f "l''''^^ members 
we all do, and we give t£ rrS ' ^u^ F *° the teachers, 
know, but it isTpSr'f coltZtLTtrZV''''' ^'^^^^ 
have and society couldn't be orS/ in 'Zf X'^ay! 



17 



gentlemen. We have to trust somebody, you go to your doc- 
tor, you believe that he is wise in curing your ills and you also 
believe he is wise in everything else. He is a man you have 
respected and looked up to. You go to him. Is there any- 
body who doesn't? And here was Dr. Olson, in whose charge 
the defendant had plated the dearest and most important 
thing to him in life, he placed the health of his wife. I am not 
apologizing for what Dr. Olson told him, I am just telling you 
what the facts are in this case that are absolutely undisputed. 
He had been there with his wife whom he was trying to take- 
care of. Dr. Olson advised not only Person but his wife to 
join the Communist Labor Party. He told them that it was a 
good party (by the way Person isn't the only offender in this 
case, the evidence shows that his wife is under indictment 
here also. I don't know why they discriminate against the 
children) they ought to send back this entire brigade to bring 
in the children and put them in jail. True, they are only from 
11 to 5 but that wouldn't make any difference with the people 
who are anxious to send this man to prison because they know 
nothing of mercy, they know nothing of the common feelings 
of hqmanity, they care nothing for that, they have got a job. 
Better go back and get the children. 

Well, he went there and Dr. Olson asked him to join the 
Comniunist Labor Party and he joined. Are you going to 
send him to prison for that reason? Alright, alright, gentle- 
men. But if you send everybody to the penitentiary who is 
as innocent as Person there won't be anybody outside or any- 
body left to do your job, there will be nothing left in America 
but the State's Attorney's and detectives, that is all. 

He joined this party, just as most of us join everything, be- 
cause somebody whom he respected and looked up to and had 
followed asked him to do it. Gentlemen, I am almost ashamed 
to argue this question to you 12 men. It seems to imply 
that I think there is need to argue it; but that is a reflection 
on the conscience and the brain and the heart of you jurors; 
taking this poor man as if he was a burglar, going with a 
revolver into your home ; as if he was a highway man, holding 
you up on the street, as if he was a murderer cutting the throat 
of his fellowman* He acted as you would, you jurors, under the 
same circumstances of your life, and his greatest sin is that he 
was trying to make it better for his fellowman. He told Dr. 
Olson he would join. He joined the Local. He went to the 
doctor's office where they held two or three meetings. He kept 
the minutes, or i:ather his wife kept the minutes; his sick, 
criminal wife kept them in a brown book (the brown is al- 
most red, not quite, but almost) these contain the pififul ex- 
penditures of a few people who were giving their meager 
money for a cause which with their vision (that might have 
been distorted) they looked at as a cause that would some- 
time grow great in power until it would liberate the human 

18 



race. It may be a fool dream \ perhaps all of our ideals and 
our hopes are fool ideals and hopes, perhaps the human race 
*is destined for nothing better than it has always known ; for an 
eternal struggle in war and peace; for sorrow, for rich and 
poor; for everlasting contention; for prisons and jails and 
prosecutors and detectives. Perhaps that is the best the human * 
race can ever get, but if here and there a man or woman has a 
vision of something else, that the world can be made better 
and that our weak human nature can be changed and that 
instead of being wolves fighting for what we can get, there 
will come a time when the human race will be better and each 
seek the highest good of all ; if men can have that vision it 
should be cherished because it makes them live in a glorious 
dream. It is a great delusion to have and it has led men 
through tribulations and sorrow. It has been a ''cloud by day 
and a pillar of fire by night" to lead many people through the 
wilderness. That was the dream of these seven ordi- 
nary men who, like the poor fishermen who first gathered 
around Jesus, saw in the preaching of His gospel something 
that would some time resurrect the world. This was their 
dream and their faith and they gathered their pennies and 
when this wonderful detective swooped down on them and 
this great Attorney General of the United States, pulling the 
strings- all over the United States, swooped down on others, 
and they found in some city far ofT the application for a Char- 
ter for this poor, little Communist Labor Party of Rockford, 
they found it had in its treasury 30 cents ; 30 cents, great God, 
gentlemen, you who sit in high places and are worried, you 
who would grab your gold and hold it tighter for fear of 
the Communist Labor Party; behold a party of seven obscure 
people going out to conquer the world with 30 cents. 

I confess there are a great many things about capitalism 
that I don't like and never have. I confess that I don't like 
the mad scramble for wealth ; gold isn't all. I confess I don't 
like this enthronement of property above everything else on 
earth. I probably have feared it too much. I know I have 
feared it too much when I think capital can be scared to death 
by 30 cents. That is all they found. Now, what did these 
people do? Talked and dreamed — meetings open — strangers 
could be present, they talked and dreamed just as all these poor 
idealists have always done. The dreamers' lives have been 
pathetic and their deaths sorely tragic. They have seen some- 
thing that the common man hasn't seen. That's all. And woe 
to him who has a vision that the rest cannot behold, for he is 
judged by his age and his time, and if be sees something the 
rest do not see he is a criminal. Through all the ages these 
poor souls have furnished the victims for the scaflfolds, they 
have filled the prisons and the jails, they haye been outlawed 
and slandered and abused because they had these dreams. 

Is there anything else to it? They held their little meet-.. 

19 



ings down at his house, probsibly easier for his wife to attend 
them there than to go to the doctor's office and they still kept 
their minutes in the brown book until the day the officers 
swoo|>ed in on them and found — nothing — n6thing. 

Now, gentlemen, I haven't the time to analyze fully this 
Communist Labor platform. There is nothing in this case 
but the platform; and I insist again "it contains no word of 
violence, no exortation to violence. It is absolutely lawful and 
they had a right to make it. Brother Large has talked to you 
about "confiscation". There is no word of "confiscation'' in 
it but if the word "confiscation" was written all over it in red 
it would be legal. What are they talking about? Is the right 
of property sacred? Why, to hear men talk you would think 
there was only one sacred thing on earth, and that is money. 
Human liberty is of no avail, life is of no avail, there is one 
thing to protect and that is cash, and the dollar mark should 
be enthroned over every Court of Justice and over every insti- 
tution in the land. A man has as much right to advocate the 
taking of property, land, railroads, houses and everything else 
without a dollar of compensation as he has to recite the Golden 
Rule. Just as much. Let me show you. The Constitution of 
the United States, in which we used to believe, tells us how we 
may do it. Congress tomorrow could pass a law taking over 
the railroads, farms and factories for nothing, barring one 
thing — and that is the constitutional provision which says you 
cannot take private property without paying for it. But the 
people have the right to change that constitutional provision 
whenever they wish. They have a right to get rid of it. And 
Congress then has a right to make a law and you needn't go 
beyond the ballot to take every dollar's worth of property there 
is in the United States, and make common property of it. 
There can be no question about that, every lawyer knows it, 
and every well infQrmed man knows it. Are you to indict 
and try a man because he joins a party that believes that pri- 
vate property should be public property? Why, here is the 
single tax party founded upon the doctrines of Henry George, 
a book which sold into the millions all over the United States 
and no scholar's library would be complete without it ; a book 
which has been translated into every language on earth and a 
party which numbers amongst its followers members of Con- 
gress, members of Parliament, judges, men in high places all 
over the world, and the fundamental doctrine of this book is 
that land should be public property and not private property. 
And not only that, but that it should be taken from the present 
owners without pay. Did anybody ever try to send Henry 
George to jail? Why, I suppose if Henry George's spirit would 
come here into this room in Rockford the State's Attorney 
would indict it. A,nd yet his works and his thought have in- 
fluenced most of the thinking persons of the earth. All the 
book publishers in the United States who could publish it, and 

20 



it was r<iad by the millions. Everybody knows it who pre- 
tends to be informed— possibly the State's Attorney knows it 
too. 

How do single taxers propose to get it? In two ways:— 
One way is by taxing its value out of existence, which they can 
do, and another is by changing the constitution and voting it 
out of existence. And tell me that it is criminal, tell me that it 
is criminal to say that we should make private property public 
property. No judge will tell you that, this judge will not tell 
you that, it is utterly absurd. It would be criminal to form 
a party to take it by force or by violence and that is* all. And 
if you are to say that any man does it that way then you 
should point clearly to the provision under which he does it. 

Now, gentlemen, I want to say a few words in excuse 
for these officers and the State's Attorney for they are like 
the rest of us. The world has just been through a great war. 
The world has- been crazy ; all of us. As strong-minded as I 
am, I have been more or less crazy about it, so of course I 
know the rest have been. No man believed more in this war 
than I did. Nobody worked harder so far as he could than I 
did. True, I didn't go out and get shot, I am like these won- 
ferful officers that raided Mr. Person's house, T played safe; 
but the world has been upset as it never was before. New 
ideas have come to the surface and it is right that this should 
be. I don't know what may happen, but I do hope that this 
world will never be the same as it was before. I hate to think 
that we would go through all the loss of blood, to say noth- 
mg of the loss of property which can never be made good, J 
would hate to think that the world could go through the Hell 
of the last four or five years and nothing come of it. I have 
been one of those dreamers who have felt that from the fire 
and .the smoke and, the ashes of the battle fields of Europe 
there might arise a fairer, a better, and a juster civilization 
than this world has ever known; that out of the infinite suf- 
ferings of the human race men might grow kinder and more ^ 
humane and give a better chance to the common man. I have 
believed it; I am one of those who felt in the first impulse 
of the war that it was a great fight to be waged against 
autocracy and for the common man and that out of it all the 
common man should emerge with a better chance in life. That 
IS what I have thought and what I have hoped. I thought 
almost as my poor client did when he made his confession in 
the automobile to this valiant band. He said "I believe in a 
government for the working people, or of the working people" 
(The officer wasn't sure which.) It was almost the exact lan- 
guage which Abraham Lincoln used when he said he believed 
in a government of all the people and for all the people be"^- 
cause^the working people are the great mass of men, and I ex- 
pect Lincoln would be here, too, under indictment if he were 
hvmg now and should talk. I believed that something bet- 

21 



ter would come to the world and I have still not lostiaith that 
the poor and oppressed all over the earth will have a chance 
to try to better their conditions. New parties were formed all 
over the world; and then money,- wealth, greedily as ever, 
learning nothing by all the sorrow of the world, said "no, all 
of our privileges must remain, nothing shall be gained by the 
war for all the blood that has been shed and whenever a man 
dares to raise his voice for new conditions or for a better world, 
we will send him to jail/' 

That is the origin of this statute. When was it passed? 
Just about a year ago. We wiggled along for 150 years with no 
such law anfi we did pretty well, 150 years, with no such law. 
Where did it come from? It came from the people who would 
strangle criticism ; it came from the people who would place 
their limits upon your brain and mine; and if we give them 
their way in this world, every man, if he would be safe, should 
wear a padlock on his lips and only take it oflf to feed himself 
and lock it up after he gets through. No man would dare speak 
above a whisper, no man would feel himself safe to belong to 
an organization whether it was for American freedom, Rus- 
sian Freedom, Irish Freedom, or any freedom, because the 
word ''freedom'' is the most dangerous word that the English 
language knows. 

Now, I fancy, gentlemen of the jury, that the Court will 
tell you what the law is, and tell you so plainly that there can 
be no mistake about this case, and I fancy there couldn't be, 
anyhow. 

Assuming that there is something in this platform that . 
called for force and violence against Governments or for a vio- 
lation of law, then what? The Court will tell you that before 
this defendant can be convicted because he belong'ed to an 
organization that advocated violence, he must have known the 
purposes of that organization. I fancy he will tell you that. 
That is the law and I fancy he will tell you. Did the defen- 
dant know it? Why, you heard him on the witness stand. 
Some of you gentlemen might possibly think that he was wiser 
than he seemed to be. ^ 

Now, you gentlemen, if you ever want to bother with it, 
which I trust you wont, because this jury ought not to* leave 
their seats before they liberate a rnan as innocent as my client 
and against whom there isn't a breath — but if you want to 
bother with it, take this platform into your room and read it 
and see how many of you can understand it. See how many 
of you can understand it better than he understood it. Not 
one of you, probably, possibly one or two of you. It is doubtful 
if many of you can, and many of you have had better oppor- 
tunities than he has had. Students, lawyers, men well skilled . 
in political economy will quarrel about the meaning of many 
of these phrases which are as old as political economy. You 

22 



^know, gentlemen, all the evidence shows that he joined the 
organization upon the advice of the man who had led him ; he 
jomed it because he believed in uniting political action and in- 
dustrial action, which sometime the work man will learn how 
to do. He was- quite right in saying that trade unionism is 
• good but It would be stronger if they used their mighty power 
to change the laws and institutions of the land so there would 
be a better chance for every man who toils. He is quite right 
in saying that voting won't do it alone. The working man 
who thmks that this alone will do it must have forgotten the 
great good that has- come to every man through trade unions. 
The great good in raising wages and shortening hours and 
buildmg up a class feeling among the working men so they 
will stand together. 

Person had a vision of a gVeat, growing party, where in- 
dustrial and political action should be united and where men 
could not only stand together as workers but as citizens and 
bnng about better legislation. Those are the things he be- 
lieved that we should have. That is what he saw and I proph- 
esy that one day will come when these powerful trade unions 
are awakened to their strength and possibilities, and duties. 
They will do what they are today doing in England, get a 
political program to bring about some change which will be 
not only good for the poor but good for the rich as well, and, 
above all, be good for our common land. That is what he 
thought. He thought no word of violence. He understood 
very few of those economic terms-, as you will understand, very 
few; and the Court will tell you, gentlemen, that he must 
have known that it was organized for violence or he couldn't 
be guilty in this case. 

Now, gentlemen, I have talked a long while about this 
case. I am almost ashamed of it because I say as I said sev- 
eral times before it is so simple, it is so plain, that I have never 
imagined for a single moment that if my lips had been dumb 
and that this poor man could have come here unassisted by 
counsel to tell his story in this Court, there could have been 
no question as to what twelve jourors would do, and I don't 
doubt it now; but I just want to say a few more words and 
then I am through. I feel deeply the importance of this 
case; my heart goes out to this defendant. If he were a mid-" 
night marauder, if he were a man who reached into your 
pocket and got your money, if he were a man who would cut 
your throat, I would feel differently. But a man who is charg- 
ed with crime for his idealism, a man who is charged with 
crime for doing something which you and I should do, such a 
man should be left free to do it. No man has any brain or 
vision who doesn't wish the country was better than it is. I 
would rather live here than anywhere else, but I believe I- am 
a better patriot if I try to make it better instead of taking it 
as it is ; and I know the enemies of liberty are always- active 

23 



and vigilant, and the friends of freedom should be active and 
vigilent, too. 

I know that the enemies of this Republic are not the 
working men who give their lives and strength and their blood 
in the interests of wealth ; the^e workers out of whose lives- is 
spun the gold that makes the arrogance' and the greed of 
America, as the spider spins his web from his body. I am for 
, them. The dkng^r to this country is not from them. It is 
from those who worship no God but greed; it is from those 
who are so blind and devoted to their idol of gold that they 
would destroy the constitution of the United States; would 
' destroy freedom of speech and the freedom of the press. That 
would paralyze the human brain ; that would awe the human 
mind, that would threaten with jail and imprisonment every 
man who dares think, who dares hope, and I trust there will 
never come to me a time in my life, no matter what the reward 
might be, when I will hesitate to lend such strength and such 
courage and such power as nature gave me, to the defense of 
the weak, or the poor, of those who spin in darkness that other 
mien may be clothed. Person is one of these workers and that 
is all and if he has offended the strong and the great, shame 
upon them ; it only shows their consciousness of guilt. 

Gentlemen, I am about to leave this case with you. I 
feel I can safely leave it with you. You know what this fight 
is, you know why this fight is. You know in your hearts and 
your inmost soul, that it is an effort to strangle free thought 
and free speech and the right of man to live. It is brought 
through cowardice and fear; it is brought because men are 
^ afraid of the clear light of day ; because they would rather be 
profiteers and get their gold and dare every man to raise his 
voice against them; because they would threaten him with 
the dungeon and with the scaffold if he dared hope and dared 
think. It is an old fight, ages old. The end is not here and 
not now and the man who does not see it and understand it 
and know it is recreant to his trust and to his class. 

Gentlemen, it is wonderful, the power of greed; I have 
fought this battle for many years in my own way ; I have tried 
to do it kindly. I have never condemned the individual man. I 
recognize that the captains of industry are made of the same 
stuff that I am. I know that this mad fever has possession 
of them and they brook nothing that stands between 
them and their gold. I know that they would destroy liberty 
that property might live. It isn't the poor and despised alone 
but here and there all through the ages men of clear vision and 
strong intellect and fine imagination have raised their voices 
to this cause for which I speak today. I want to call your at- 
tention to a man who was not a bolshevist, whatever bolshe- 
vist may be. He was not a Communist or an Anarchist or an 
I. W. W. or a Socialist. He was a great big human man, a 
man of genius, a man who loved America, a man who Was 

24 



made Ambassador to England by one of our g^^f ^^^^^ 
dents ; but a man who saw this vision and ^^f ^,J>^^^^f ^^^se^^^ 
I feel that I see it now. I want to quote James Russell 
Ldweirs poem "A Parable^' which shows what has become of 
the Christian civilization which we profess. 

Said Christ our Lord, "I will go and see 

How the men, my brethern, believe m me 

He passed not again through the gate of birth 

But made himself known to the children of earth. 

Then said the chief priests, and rulers, and kings,^ 
^'Behold, now, the Giver of all good things : 
Go to,, let us welcome with pomp and state 
Him who alone is mighty and great." 

With carpets of gold the ground they spread 

Wherever the Son of Man should tread, 

And in palace-chambers lofty and rare 

They lodged him, and served him with kingly fare. 

Great organs surged through arches dim 
Their jubilant floods in praise of him: 
And in church, and palace, and judgment-hall, 
He saw his own image high over all. 

But still, wherever his steps they led, 
The Lord in sorrow bent down his head. 
And from under the heavy foundation-stones. 
The son of Mary heard bitter groans. 

And in church, and palace, and judgment-hall, 
He marked great fissures that rent the wall, 
And opened wider and yet more wide 
As the living foundation heaved and sighed. 

"Have ye founded your thrones and altars, then. 
On the bodies and souls of living men? 
And think ye, that building shall endure, 
Which shelters the noble and crushes the poor? 

With gates of silver and bars of gold 

Ye have fenced my sheep from their Father's fold ; 

I have heard the dropping of their tears 

In Heaven these eighteen hundred years." 

"O, Lord and Master, not ours the guilt, 
We build but aS' our fathers built ; 
Behold thine images, how they stand. 
Sovereign and sole, through all our land. 

25 . 



Our task is hard, — with sword and flame 
To hold thine earth forever the same, 
And with sharp crooks of steel to keep 
Still, as thou leftest them, thy sheep." 

Then Christ sought out an artisan, 
A low-browed, stunted, haggard man, 
And a motherless girl, w^hose fingers thin 
Pushed from her faintly want and sin. 

These set he in the midst of them. 
And as they drew back their garments-hem, 
For fear of defilement, ''Lo, here," said he, 
'The images ye have made of me!" 

Gentlemen, Arthur Person is a common man ; an ignorant 
man in the language of the world, but one of that class upon 
whom the foundations of society rests-. Every captain of in- 
dustry may die and the world at least will be no worse. Every 
worshiper of gold may go his way and people will survive; 
but the foundations of civilization and the security of the 
state and the welfare of man is- built upon the bodies and the 
souls of men like Person. I fancy, gentlemen, that if the 
wandering star of Bethelem, which is said to have passed 
over the Scribes and Pharesees in the Temples of the money 
changers of Judea and stopped above the roof that sheltered 
the manger where was born the child of a working girl, I fancy 
that if that wandering star should come to Rockford it would 
be likely to pass over the Chamber of Commerce, the banks, 
and the captains of Industry and halt for a moment above the 
humble home of this defendant and his brood. 

There was a time in the State of Illinois when they 
mobbed Owen Lovejoy because he spoke for the freedom of 
the slaves. Every movement has its martyrs- as every re- 
ligion has its crucified savior; and the people we stone to 
death one day are the ones we worship another. And so the 
world goes on. This' man is obscure, he is unknown, he is 
poor, he has worked all his life, but his case is one that reaches 
down to the foundation of your freedom and to mine. I ap- 
peal to you, gentlemen, for this man and his little family 
whom they in their blindness would destroy, but I appeal to 
you more for the fair fame of this community in which you 
live. If twelve men should say that they could take a man 
like him and send him to prison and destroy his home ; a man 
V who is guiltless of crime and whose only stain is that he loved 
his- fellow men; if twelve men like you should say that they 
would take him from his home and send him to Joliet and 
confine him behind prison walls you should hang this court 
house in crepe and drape your city hall with black and wear 
sack cloth and ashes- until his term expires. 

2e 



INSTRUCTIONS GIVEN 

The People vs. Arthur Person, filed April 24, 1920, Lewis 
F. Lake, Clerk. 

The Court instructs the jury, in the language of the stat- 
ute, that it shall be unlawful for any person to organize, aid 
in the organization of, or become a member of any society or 
association, the object of which is to advocate the reformation 
or overthrow of the existing form of government, by violence 
or any other unlawful means. 

The jury are instructed that in the language of the stat- 
ute, a crime consists of an act coupled with an intent, and 
even though you may believe that the Communist Labor 
Party was an organization, whose object was the reform or 
overthrow of the existing form of government, by violence or 
other unlawful means ; still unless you further believe from the 
evidence, beyond all reasonable doubt, that the defendant, 
Arthur Person, knew that such was the object of the society, 
at the time he became a member thereof, or aided or assisted 
in its organization, knowing that said party advocated the 
change or reformation by violence or unlawful means-, then 
vou should find the defendant not guilty. 

The jury kre instructed that the law clothes every one 
charged with crime, with a presumption of innocence, and 
that you are to presume the defendant innocent of the crime 
charged, and that such presumption remains with him, and is 
to be borne in mind, in the consideration of every material 
"fact in this case, until such time as you are satisfied beyond a 
reasonable doubt, that the defendant is guilty, and unless it 
is so overcome you should find the defendant not guilty. 

' The jury are further instructed that the presumption of 
innocence is not a mere form to be disregarded by the jury at 
pleasure, but is an essential substantial part of the lavv of 
.this state, and binding upon the jury in this case; and it is the 
duty of the jury to give the defendant in this' case the full 
benefit of this presumption, and to acquit him, unless they 
feel constrained to find him guilty of the crime charged, by 
the law of the land and the evidence in this case, convincing 
them of his guilt, as charged, beyond all reasonable doubt. 

The Court instructs the jury that the rule of law which 
clothes- every person accused of crime with the presumption 
of innocence, and imposes upon the State the burden of estab- 
lishing his guilt beyond a reasonable doubt, is not intended to 
aid anyone who is in fact guilty of crime to escape, but is a 
humane provision of the law, intended, so far as hu^pan 
agencies can, to guard against the danger of any innocent per- 
son being unjustly punished. 

The Court instructs you that the defendant is a com- 
petent witness in his own behalf, and you have no right to 

27 



disregard or discredit his testimony from caprice or merely 
because he is defendant. ^ 

You are to treat him the same as any other witness, and 
subject* him to the same tests as are legally applied to other 
witnesses and only the same tests, and while you have a right 
to take into consideration the interest he has in the result of 
the trial, you have also the right and it is your duty to take 
into consideration the fact, if such is the fact, that he has been 
corroborated by other credible evidence or by facts- and cir- 
cumstances shown at the trial. 

' The Court instructs the jury, that the defendant, Arthur 
Person, having become a witness in his own behalf, at once 
became the same as any other witness, and his credibility is to 
be tested by, and subjected to the same tests as are legally 
applied to any other witnesses, and in determining the de- 
gree of credibility that should be accorded to his testimony 
the jury have the right to take into consideration the fact 
that he is interested in the result of the prosecution, as well 
as his demeanor and conduct while upon the witness stand; 
and the jury may take into consideration the fact, if such is 
the fact, that he has been contradicted by other witnesses; 
and if, after considering all the evidence in the case, the jury 
finds that any witness has willfully and corruptly testified 
falsely to any fact material to the issue in this case, you have 
the right to entirely disregard his testimony, excepting in so 
far as his testimony is corroborated by other credible evidence 
or facts and circumstances proven in evidence in the case. 

Under the law, no juror should guess away the liberty 
of a defendant or convict him upon doubtful or unsatisfactory 
evidence, or because there is a preponderance of the evidence 
against him, or because there is a strong reason to believe 
that he is guilty. The burden of proof is upon the prosecution, 
and in order to justify you in convicting the defendant, the 
evidence must satisfy you of his guilt as charged in the indict- 
ment beyond all reasonable doubt, and to a moral certinty. 
If after an impartial and unbiased consideration of all the 
evidence in the case, you entertain a reasonable doubt of the 
guilt of the defendant herein, then the law makes it your duty 
to acquit him. 

The Court instructs you that it is the duty of the prose- 
cution to prove every material allegation of the indictment or 
some count thereof, as therein charged. Nothing is presumed 
or taken by implication against the defendant, the law pre- 
sumes him innocent of the crime with which he is charged 
until he is proven guilty by competent evidence beyond all 
resHonable doubt. And if the evidence in this case leaves upon 
the minds of the jury any reasonable doubt of the defendant's 
guilt, the law makes- it your duty to acquit him. 

A reasonable doubt is that state of mind, which, after a 
full comparison and consideration of all the evidence, both for 

*. 

. 28 



the State and Defense, leaves the minds of the jury in that 
condition that they cannot say that they feel in abiding faith 
amounting to a moral certainty, from the evidence in the case, 
that the defendant is guilty of the charge as laid in the indict- 
ment. If you have such doubt, if your conviction of the de- 
fendant's guilt of the crime as laid in the indictment, does not 
amount to a moral certainty from the evidence iji the case, 
then the court instructs you that you must acquit the defen- 
dant. 

The Court instructs the jury, as- a matter of law, that the 
doubt which the juror is allowed to retain in his own mind 
and under the influence of which he should frame a verdict 
of not guilty, must always be a reasonable doubt. A doubt 
•produced by undue sensibility in the mind of any 'juror in 
view of the consequence of his* verdict, is not a reasonable 
doubt; and a juror is not allowed to create sources or ma- 
terials of doubt by resorting to trivial and fanciful supposi- 
tions and remote conjectures as to possible states of fact dif- 
ferent from that established by the evidence. You are not at 
liberty to disbelieve as jurors, if, from the evidence, you be- 
lieve as men. Your oath imposes on you no obligation to 
doubt, where no doubt would exist if no oath had been ad- 
ministered. 

The Court instructs the jury, that in considering the case 
the jury are not to go beyond the evidence to hunt up doubts, 
nor must they entertain such doubts as are merely chimerical 
or conjectural. A doubt to justify an acquittal^must be rea- 
sonable, and it must arise from a candid and^impartial in- 
vestigation of all the evidence in the case, and unless it is 
such that, were the same kind of doubt interposed in the 
graver transactions of life, it would cause a reasonable and 
prudent man to hesitate and pause, it is insufficient to au- 
thorize a verdict of not guilty. 

If after considering all the evidence you can say you have 
an abiding conviction of the truth of the charge, you are 
satisfied beyond a reasonable doubt. 

The Court instructs the jury that if you believe from the 
evidence in this case beyond a reasonable doubt that the de- 
fendent, Arthur Person, became a member of the society or 
as-sociation mentioned in the indictment, and that the object of 
said society or association then and there was to advocate 
the reformation or overthrow of the existing form of Govern- 
ment of the United States of America by violence or other 
unlawful means in manner and form as charged in the indict- 
ment or any count thereof, and that the de.fedant at the time 
had knowledge of such object, then the law is the defendant 
is" guilty in manner and form as charged in the indictment, 
and you should so find. 

The Court instructs the jury, as a matter of law, that it 
is necessary to constitute the offense charged in this cas-e, to 

29 



show that the defendant had knowledge and knew at the time 
in question that the object of said society or association then 
was to advocate the reformation or overthrow of the existing 
form of government by violence or other unlawful means, 
as charged in the indictment, if you further believe from the 
evidence beyond a reasonable doubt t^at such was the object 
of such society or association. But the Court further in- 
structs the jury that direct and positive testimony is not nec- 
essary to prove such knowledge. It may be inferred from the 
facts and circumstances shown by the evidence, if there are 
any facts and circumstances proven in evidence which satisfy 
the jury beyond a reasonable doubt of its existence. 

The Court instructs the jury that words and phrases 
used in the statute and in this case are to be given their ordi- 
nary and accepted meanings, and as to some of such words 
the Court further instructs you as follows : 

That the words to "to advocate" are defined to mean "to 
plead in favor of; to defend by argument, before a tribunal or 
the public; to support, vindicate, or recommend publicly"; 

That the word " violence" is defined to mean "abuse of 
force; that force which is employed against common right, 
against the laws, and against public liberty"; and 

That the words "unlawful means", means such means as 
partake of criminality, or are contrary to existing law. 

And the Court further instructs the jury as to the mean- 
ings of certain words and phrases used in certain documents 
in evidence and in this case, as follows: 

The worfl "Manifesto" is defined to mean "A public dec- 
laration, usually of a prince, sovereign, or other person claim- 
ing large powers, showing his intentions, or proclaiming his 
opinions and motives in reference to some act done or con- 
templated by him"; 

The word "Proletarian" is defined to mean "One of the 
wage-^rning class; especially a laborer for day wages not 
possessed of capital"; 

The word "Proletariat" is defined to mean "The class or 
body of proletarians"; 

The word "Dictatorship" is defined to mean "The state 
of one in whom is vested supreme authority in any line ; of 
one who rules as .dictator and of one who prescribes for others 
authoritatively. 

And that the phrase or expression "Dictatorship of Xhe 
proletariat" means simply, a dictatorship (as the word is 
defined) by the proletariat (as said word "proletariat" is above 
defined). 

The jury are instructed that the platform and program of 
the Communist Labor Party offered in evidence herein, must 
be read and construed as a whole, and not by any particular 
clause or sentence contained therein ; and even though you 
may believe from the evidence that there may be clauses- or 

30 



* nd cate arrnw^/" ''"^ ?^f ^^'"^ °^ P^^^*"^™' ^^ich might 
Si nnl.tc •"*^"t t° "se violence or other unlawful- means; 
sil unless you believe, beyond a reasonable doubt that the 
MecfZ uT^'^''' ^°"«trued a. a whole, show that the 
object of such Communist Labor Party was to advocate the 
reformation or overthrow of the gover^nment, by vSce or 
other unlawful means, and unless you further believe beyond 
a reasonable doubt, that the defendant, Arthur Person at 
he'r o7LeVS'' T ''' ^F"!-*-" - became a Sbe 
^rttl^flnd'ant notgX '''' °' "'' '''''' ^°" "'"^* 
In considering evidence of defendant's good reputation 
the jury are instructed such good reputatio? mav of i?sdf 

Ss'^ut t;'/ °'-;'^ n' ^ ---abieiXof dS 

re^arde^H l; J . T^fP^^''^ «"^h good reputation is to be 
regarded as a substantive fact. Like any other fact it is 
positive evidence and should be so considered by ?he jury 

dant h!. '' l'' '^ '^' •^"'■y ''""^^^ ^^^"^ the evidence^he dE 
dant has a ways, prior to the time of his arrest on the charee 
contained m the indictment, borne a good reputat"on as a law 
abiding citizen, it is the duty of the jury to cons£ such e^-" 
dence of good reputation, together with all the other evidence 
m the case and if upon a consideration thereof you have anv 
Shim 'n^ottu^;^ ''^ ^^^-^'-^'^ ^"^>t' ^t is^^our'Tt/tJ 

the leitndZV.T'T" '^V'''^' ^' ^ "letter of law, that 
peaceableness ^nH ^ m evidence his general reputation for 
peaceableness and as a law-abiding ctizen- that such evi- 

cnn^f.:' r^'"''' "^'^ ""^^'- '^' '^^^ ^"d is to be by ?£ jury 
considered as a circumstance in the case. Biut the Court fur^ 
Jher instructs the jury that if from all the ev dence in th s 
case they are satisfied beyond a reasonable doubt of the gS h 
of he accused, then it is the duty of the jury to find him 

ha"fb':;rnf a'^oo?"'"^. ?^ 'r '^'' ^^^^^°"-' 5Se ac'cuse" 
abfdi'ng citizen '■'^"''"°" '°'' P^^^^^^leness and as a law- 

When a defendant's conduct may consistently and as 
reasonably from the evidence, be referred to one Ttwo mo! 
fives, one criminal and the other innocent, it is your duty to 

tTv?Sn^"thrci?irat" '-'''''' 'y ^'^ --- - 

recon^P ^^e '^S:^.tt^^ ^ ^UTI^I^^ 

o'Ld 'h *^" ^''""^.'"^ '^ ^""'^'y' *h^" 't is your duty to do 
so, and by your verdict to find the defendant not guifty 

The Court further instructs, you that you are not at lib- 
erty to agopt unreasonable theories or suppositfons in con- 

ofTL?eVdr„t"but'"f°^'" *° ^'"^^'^^ --''-t (if conviction 
ot the delendant, but if any reasonable view of all the evi 

dence is or can be adopted which admits of a rSible con- 



31 



elusion that the defendant is not guilty as charged in the in- 
dictment, or which raises and sustains a reasonable doubt in 
your mind of such guilt, it is your duty to adopt such view 
, of the evidence, and find the defendant not guilty. 

The jury are instructed that even if they believe from the 
evidence that the defendant, Arthur Person, aided and as- 
sisted in the organizing, or was one of the organizers of the 
Rockford Branch of the Communist Labor Party, that this 
would not constitute, make, aiding or assisting on organizing 
the Communist Labor Party of the United States, as charged 
in the indictment. 

Even though you may believe that the defendant helped 
to organize a party, or became a member of a party which 
advocated the reform, change or overthrow of the govern- 
ment, and the substitution of communism for the present 
government, still you shall find him not guilty, unless you 
are further satisfied from the evidence beyond a reasonable 
doubt, that such organization or *party advocated a change, 
reform or overthrow of such government by force or vio- 
lence, or other unlawful means ; and unless you further find 
beyond a reasonable doubt, that the defendant, Arthur Per- 
son, knew that such society advocated such change by violence 
or other unlawful means, at the time he became a member 
thereof, and unless you so believe, you should find the de- 
fendant, Arthur Person, not guilty. 

The jury are instructed that it is no offense under the law 
of this state to join any party whose purpose is to reform, 
change or overthow the Government, or to advocate, or join , 
or organize a party which advocates the abolition of the pres- 
ent form of production, and the substitution of socialism or 
communism, in its place, provided such advocacy or such or- 
ganization does not seek such reform, change or overthrow, 
by the use of force, violence, or any other unlawful means. 

The Court instructs the jury that it is not proper for 
counsel in a case to state anything in argument bearing upon 
the question of fact and claimed to be within his personal 
knowledge or which may have been stated to him by others 
not witnesses in this case. You are therefore instructed to 
disregard such statements, if any have been made, and to 
make up your verdict upon the evidence actually given in the 
case, without placing any reliance upon or giving any con- 
sideration to any statements of counsel not supported by the 
evidence. 

In determining any of the questions of fact presented in 
this case you should be governed solely by the evidence in- 
troduced before you. 

The jury are further instructed that if you find the de- 
fendant guilty on any one or more counts, you must specify 
the count or counts upon which you so find him guilty, and 
the count or counts, upon which you do not find him guilty, 

32 



tinless you should find him guilty under all of the counts in 
the indictment. 

The Court instructs the juty as to the form of your ver- 
dict, as follows : 

If you find the defendant guilty in manner and form as 
charged in the indictment, then the form of your verdict 
may be : 

"We, the jury, find the defendant, Arthur Per- 
son, guilty in manner and form as charged in the in- 
dictment. We further find from the evidence the de- 
fendant's age to be years. 

(Inserting in the blank the defendant's age.) 
If you find the defendant guilty in manner and form as 
charged in any one or more count or counts, and less than 
all of the counts, of the indictment, then the form of your 
verdict may be : 

''We, the jury, find the defendant, Arthur Per- 
son, guilty in manner and form as charged in the 

(Here inserting the number or numbers of the count 
or counts- of the indictment of which you find him 

guilty, count .of the indictment). 

"We further find from the evidence the defen- 
dant's age to be years." 

(Inserting in the last blank the defendant's age.) 
If you find the defendant not guilty, then the form of your 
verdict may be: 

"We, the jury, find the defendant, Arthur Per- 
son, not guilty." 



so 



j^sii^p^^Ri^&^sspi^^^KJ^^^^^^^^l 



I«1M 



4 j^^ 



~%